The right to bear arms is a cherished tradition, deeply embedded in the culture and lifestyle of Southern West Virginia (WV) residents. However, some circumstances can lead to the loss of this fundamental right. If your firearm rights have been taken away, read on to learn about the process for restoration of gun rights in WV.
The laws regarding firearm possession, the process of expungement in WV, and the process of filing a petition for restoration of firearm rights are all relevant to the conversation about restoring gun rights in WV. A knowledgeable WV gun rights lawyer can review your case to determine if you are eligible to request having your rights restored and guide you through the correct procedures for your specific situation.
Attorney Jason Harwood is a gun owner himself, and he understands why this right is so important to many West Virginians. He will work with you to pursue the best path forward to regain your rights.
Seeking Restoration of Gun Rights in WV
Many West Virginians strongly believe in the Second Amendment right to bear arms. This right can be lost, however, due to legal circumstances such as felony convictions or domestic violence charges, among other events and conditions that may result in the loss of your gun rights. West Virginians need to understand who can legally possess a firearm in the state and under what conditions these rights can be compromised.
Who Can and Cannot Possess a Firearm in WV
Generally, law-abiding citizens over the age of 21 can possess a firearm in WV. However, individuals convicted of a felony, those with certain domestic violence charges or restraining orders, and individuals deemed mentally incompetent, among others, are prohibited from possessing firearms under WV Code § 61-7-7. Understanding these restrictions is the first step in assessing whether you’re eligible for the restoration of your gun rights.
Restoration of Gun Rights in WV after Expungement
Expungement in WV allows some people with criminal convictions to clear their records. If your record is expunged, you will no longer be prohibited from owning a firearm under WV Code § 61-7-7. Expungement laws in WV allow certain misdemeanor and, in some cases, felony convictions to be sealed from public record. Some offenses and individuals are not eligible for expungement, and the process can be complex. Residents seeking to restore their rights should reach out to a WV gun rights lawyer to learn how expungement in WV might allow their rights to be restored.
Filing a Petition for Restoration of Firearm Rights
In WV, the petition for restoration of firearm rights is filed in the circuit court of the county where the individual lives. In Logan, WV for example, the petition is filed with the Circuit Court of Logan County.
The petition must demonstrate that you are not a danger to the public and that restoring your rights is in the interest of justice. The process can involve court hearings, and the court has final decision-making power. Working with a knowledgeable lawyer can significantly increase the chances of a successful outcome.
The Process for Restoration of Gun Rights in WV
If you plan to file for expungement or file a petition to restore your gun rights in WV, working with an experienced attorney can help ensure all documents are filed properly and supported by evidence. The process will include gathering evidence to support your petition, like character references and evidence of rehabilitation.
You should be prepared for a thorough review of your criminal history or other records, such as mental health records, if applicable. You may be required to attend and present evidence at a court hearing. The timeline for this process can vary, so patience and persistence may be required.
Contact Jason Harwood, a Southern WV Gun Rights Lawyer
Restoring gun rights in Southern West Virginia requires knowledge of state laws and the rules of the local court system. Those seeking to reclaim this fundamental right can benefit from partnering with an experienced WV gun rights lawyer. An attorney can provide the necessary guidance, support, and representation to navigate the complexities of the law and the local courts effectively.
If you or someone you know is looking to restore firearm rights, remember that knowledgeable legal counsel is your strongest ally. Contact WV gun rights lawyer Jason Harwood at Harwood Legal, PLLC in Logan to discuss your case, understand your options, and begin the process for restoration of gun rights in WV today. Call 304-752-5015 or complete this online contact form to schedule your consultation.